State v. Smith

Horowitz, A. C. J.

(concurring) — I concur in the affirmance of the judgment below but believe that the question raised by the rejection of the offer of proof concerning “how fights between negroes are usually settled” warrants further consideration.

RCW 9.48.170 provides that homicide is justifiable when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer . . . and there is imminent danger of such design being accomplished; . . .

In order for self-defense to be available as a defense, not *773only must…